Township of Mullica, NJ
Atlantic County
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Table of Contents
Table of Contents
A. 
Establishment. A Planning Board is hereby established in accordance with the provisions of N.J.S.A. 40:55D-23.
B. 
Membership.
(1) 
The Planning Board shall consist of nine members. For convenience in designating the manner of appointment, the membership shall consist of and be divided into the following four classes.
(a) 
Class I: the Mayor.
(b) 
Class II: one of the officials of the Township to be appointed by the Mayor.
(c) 
Class III: a member of the Township Committee to be appointed by it.
(d) 
Class IV: six citizens of the Township, to be appointed by the Mayor.
(2) 
The members of Class IV shall hold no other Township Office except that one such member may be a member of the Zoning Board of Adjustment, and one such member may be a member of the Board of Education.
(3) 
There shall be four alternate members of the Planning Board meeting the qualifications of Class IV members that are appointed by the Mayor and designated as, respectively, "Alternate 1, 2, 3 and 4."
[Amended 1-22-2008 by Ord. No. 2-2008]
(4) 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence of disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
A. 
The terms of the member composing Class I shall correspond to his/her official tenure. The terms of the members composing Class II and Class III shall be one year or terminate at the completion of their respective terms of office, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first. The terms of all Class IV members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year. The terms of the vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.
B. 
No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any members other than a Class I member, after a public hearing if he requests one, may be removed by the Township Committee for cause.
C. 
When any hearing before a Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his/her absence from one or more of the meetings; provided, however, that such board member has available to him a transcript or recording of the meetings from which he was absent, and certifies in writing to the board that he has read such transcript or listened to such recording.
The Planning Board shall elect a chairman and vice chairman from the members of Class IV, and select a secretary, who may or may not be a member of the Planning Board or a municipal employee. It may employ, or contract for, and fix the compensation of legal counsel, other than the Township attorney, a planning consultant, a civil engineer, environmental planner, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
A. 
The Planning Board shall follow the provisions of this chapter and shall accordingly exercise its power in regard to:
(1) 
The Master Plan pursuant to Article III.
(2) 
Subdivision control and site plan review pursuant to Articles VIII and XI.
(3) 
The Official Map pursuant to Article III.
(4) 
The Zoning Ordinance, including conditional uses pursuant to Article XII.
(5) 
Variances and certain building permits in conjunction with subdivision, site plan, and conditional use; approval pursuant to Article IV, § 144-16, Powers of the Planning Board.
B. 
The Planning Board may:
(1) 
Participate in the preparation and review of programs or plans required by state or federal law or regulations;
(2) 
Assemble data on a continuing basis as part of a continuous planning process; and
(3) 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies or officers.
A. 
The Planning Board, when reviewing applications for approval of subdivision plats, site plan, or conditional uses, shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(1) 
Variances pursuant to Subsection C of § 144-23, Powers, of this chapter from lot area, lot dimension, setback and yard requirements; provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot;
(2) 
Direction pursuant to Subsection D of § 144-12, Official Map, of Article III of this chapter for issuance of a permit for a building or structure not related to a street;
(3) 
Direction pursuant to Subsection B of § 144-12, Official Map, of Article III of this chapter for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to Subsection A of § 144-12, Official Map, of Article III of this chapter.
B. 
Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.
A. 
Prior to the adoption of a development regulation, revision, or amendment thereto, the Planning Board shall make and transmit to the Township Committee, within 35 days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment thereto. The Township Committee shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority to its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Township Committee from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
B. 
Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans or both or any amendment thereto, the Township Committee shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to Subsection A of this section.
A. 
The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the board. Such person or persons shall serve at the pleasure of the Mayor.
B. 
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the Township, the Planning Board and Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to the Planning Board or Board of Adjustment. Failure to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.